WPMS/1454/2021
2021 Latest Caselaw 2683 UK

IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
            ON THE 29TH DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1454 of 2021

BETWEEN:

Hem Chandra Pant.                              ..........Petitioner
     (By Mr. B.N. Molakhi, Advocate)

AND:
State of Uttarakhand and others.               ....Respondents
     (By Mr. Vinod Nautiyal, Deputy Advocate General with
     Mr. Devesh Ghildiyal, Brief Holder for the State of
     Uttarakhand and Mr. Mahendra Singh Rawat, Advocate
     for respondent no. 3)


                          JUDGMENT

Petitioner took a loan from Uttarakhand Gramin Bank, Branch Bageshwar. Since, he could not re-pay the loan in time, therefore, the respondent- Bank has issued a recovery certificate. In this writ petition, petitioner has challenged the recovery citation dated 12.03.2021 issued against him.

2. The outstanding amount is indicated as ` 3,24,431/- + other charges in the said recovery citation. Thus, feeling aggrieved, petitioner has approached this Court challenging the recovery citation.

3. Learned counsel for the petitioner submits that the default committed by the petitioner in timely re-payment of the loan is mainly due to lockdown imposed in view of COVID-19 Pandemic. He further submits that petitioner is ready and willing to re-pay the entire loan amount, provided some reasonable time is given to the petitioner for the purpose.

4. Learned counsel for the respondent-Bank submits that if petitioner undertakes to deposit a sum of ` 40,000/- within two weeks, then petitioner may be permitted to deposit the balance amount in three quarterly installments.

5. In view of the readiness shown by the petitioner to re-pay the loan and also in view of the consent given by the learned counsel appearing for the respondent-Bank, the writ petition is disposed of with the following directions:

(i) Petitioner shall approach the bank authorities by making representation on or before 14.08.2021.

(ii) If petitioner makes such representation within the stipulated period alongwith upfront deposit of ` 40,000/- to show his bonafide, then the respondent- Bank shall inform the petitioner, within four days from date of receipt of representation alongwith certified copy of this order, about the exact amount, which he is liable to re-pay.

(iii) Petitioner shall repay the outstanding amount in three quarterly installments.

(iv) Recovery charges shall be waived off, if petitioner directly deposits the outstanding amount with the respondent-Bank.

(v) No coercive steps shall be taken against the petitioner for a period of nine months, pursuant to the impugned recovery citation.

(vi) In case of any default by the petitioner, he shall not be entitled to protection of this order and respondent/Bank will be free to proceed against him, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Arpan